1/23
Looks like no tags are added yet.
Name | Mastery | Learn | Test | Matching | Spaced |
---|
No study sessions yet.
The Crown
The Governor-General represents the Crown, and has the role of granting Royal assent to legislation.
Royal Assent
Royal Assent is when the Queen’s representative signs the Bill, and gives it approval on behalf of the Queen.
This then turns the Bill into a law.
Separation of Powers
The separation of powers divides the institutions of government into legislative, executive, and judicial functions.
This helps to prevent the abuse of power by parliament, as no single institution has absolute power.
Legislative Power
Legislative power refers to the power to make laws, which resides with the government.
Executive Power
Executive power refers to the power to implement and administer laws, which is given to the Governor-General.
Judicial Power
Judicial power refers to the power to enforce the law and settle disputes, which is given to the Courts.
Separation of Powers acts as a check on law-making powers
The separation of powers ensures no single institution has absolute power, which prevents the abuse of power by parliament.
The judiciary power is independent, and ensures judges act impartially when interpreting and applying the law.
Bicameral
Bicameral refers to a parliament that has two houses. In the Commonwealth Parliament, the lower house is the House of Representatives and the upper house is the Senate. The bicameral structure also includes the Crown, which is the Governor-General.
Bicameral Structure
A feature is that in order for a law to be made, a BIll has to be passed through both houses and signed by the Governor-General
Another feature is that the Senate serves a house of review to the Bills proposed by the House of Representatives
Section 80 – Express Right
Section 80 of the Constitution guarantees the right to a trial by jury for offences under Commonwealth law that are indictable.
Express Rights
Express rights are clearly stated or entrenched in the Australian Constitution. They cannot be changed or removed without a referendum, and parliament cannot pass legislation that breaches these rights.
Double Majority
A double majority means that a referendum can only be successful if the majority of electors nationally vote yes, and if majority of the voters in 4 /6 states also say yes.
1967 Referendum
A successful referendum was the 1967 referendum, which allowed the Commonwealth to create special laws for the benefit of Aboriginal people and include them in the census.
Double Majority acts as a check on legislative power
The double majority requirement is an effective check on the legislative power of Commonwealth parliament, as it prevents parliament from changing the Constitution for its own benefit, since the double majority requires support from the Australian public.